The Virginia attorney general election will be held on November 5, 2013 following a Democratic primary election on June 11, 2013 and a Republican statewide convention on May 17-18, 2013.

Incumbent Ken Cuccinelli (R) opted to run for governor rather than seek a second term as attorney general in 2013.

Race background

In March 2013, Governing magazine rated Virginia's open attorney general seat as "vulnerable" heading into the 2013-2014 elections because incumbent Republican Ken Cuccinelli was not running for re-election.[1]

The race to replace Cuccinelli began at the primary nomination stage; both Republican convention and Democratic election candidates drew primary contests. On May 18, two "strong fiscal and social conservatives"[1] -- state Sen. Mark Obenshain and state Rep. Rob Bell -- competed for delegate votes at the Republican Party of Virginia's closed nominating convention, which Obenshain won.[2] The nominee's late father, GOP politician Richard Obenshain, died in a plane crash during his 1978 campaign for U.S. Senate. Obenshain faced state Sen. Mark Herring in the general election. Herring defeated former assistant U.S. Attorney for Virginia Justin Fairfax in the Democratic primary election, which took place on June 11, 2013.[3][1]

Although Obenshain was considered the early front-runner, polls showed Herring leading by a very slim margin in late October 2013, a likely effect, or occupational hazard, for Obenshain, of sharing what had become a contaminated GOP ticket. One week before election day, at least two influential backers - Planned Parenthood and Independence USA PAC - hoped to widen the gap with roughly one million dollars worth of media spots lampooning Obenshain for his past support of a "personhood" amendment, which would have banned birth control and abortions regardless of the circumstances," in addition to his stance against increased background checks on prospective gun owners. Independence USA PAC was heavily driven by New York City Mayor Michael Bloomberg. The PAC had already invested millions into ads hammering "far-right" Republican gubernatorial candidate Ken Cuccinelli for his affiliation with the National Rifle Assocation (NRA), and the buys against Obenshain sought to lump the lesser-known AG contender together with Cuccinelli, who was the most recognizable, and possiblly most troubled, candidate appearing on the party's statewide ticket in 2013. Meanwhile, the NRA went on the counterattack; the organization unleashed a $500,000 anti-Herring ad into targeted Virginia markets.[4][5] The NRA's assistance paled in comparison, however, to the $2.6 million infusion from the Republican State Leadership Committee into the effort to elect Obenshain, whom the committee viewed as the only hope for preventing Democrats from scoring a clean sweep of the state-row races in 2013.[6]

Republican primary convention

Nominating Conventions in Virginia

The candidate selection process in Virginia differs between the political parties. According to the Code of Virginia:[9]

“The duly constituted authorities of the state political party shall have the right to determine the method by which a party nomination for a member of the United States Senate or for any statewide office shall be made. The duly constituted authorities of the political party for the district, county, city, or town in which any other office is to be filled shall have the right to determine the method by which a party nomination for that office shall be made.”

Democratic Party

The Democratic Party in Virginia used conventions to select nominees for statewide offices between 1981 and 2001 before shifting to primaries. The Virginia Democratic Party switched to the convention format for the 1981 election cycle to moderate the party after independent candidate Henry Howell won the 1977 primary. The nominating convention proved successful for Democrats in the 1980s with the election of Chuck Robb in 1981, Gerald Baliles in 1985 and Douglas Wilder in 1989. The change back to primaries in 2001 took place because of significant losses in state elections by the Democrats in 1993 and 1997. The Democratic Party did not hold a gubernatorial primary in the 2001 and 2005 election cycles as Mark Warner and Tim Kaine ran unopposed.[10]

Republican Party

The Republican Party in Virginia has used conventions to select nominees for statewide offices for much of its history. Republicans have only used primaries to nominate candidates in 1949, 1989, 1997 and 2005.[10] The convention process used in most elections draws from delegates selected by Republicans during municipal and county conventions. The number of delegates per county depends on the strength of the Republican Party in past elections.[11]

Delegates cast their votes on separate ballots for each statewide office. Any candidates who are uncontested automatically receive the party’s nomination. Contested races start with a ballot to determine if a candidate can surpass the 50% threshold. A candidate who wins more than 50% of first-round ballots receives the nomination for that office. If the first round of ballots does not clear this threshold, the two candidates with the fewest votes are eliminated. The balloting process cuts candidates in each round until three candidates remain. A ballot is taken to eliminate a third-place finisher and a final ballot is taken between the two remaining candidates.[12]

Democratic primary

Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Hypothetical general election match-ups

Attorney General of Virginia - 2013 Hypothetical General Election Match-up

Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Attorney General of Virginia - 2013 Hypothetical General Election Match-up

Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

The Virginia State Board of Elections administers campaign finance law and maintains all records online.

For the primary election:

First Pre-Primary -- due by June 3

8-Day Pre-Primary report -- due by June 3, 2013

Post-Primary report -- due by July 15, 2013

For the general election:

First Pre-General report -- due by October 15, 2013

8-Day Pre-General report -- due by October 28, 2013

Post-General report -- due by December 5, 2013

Endorsements

Democrats

Mark Herring:

Herring's 2013 attorney general campaign has been endorsed by former Virginia House Minority Leader Ward Armstrong, former Virginia Democratic Party Chairman Brian Moran, and the following public officials:[13][14]